Legal Regulation of Agricultural Private Enterprise in the People's Republic of China and the Soviet Union

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Approximately 100 million Soviet collective farm members and 700 million Chinese people's commune members legally are involved in agricultural private enterprise by growing crops, raising animals, and engaging in handicrafts. This private enterprise is hard to reconcile with the Marxist ideologies of the Soviet Union and the People's Republic of China.1 The legal regimes of both countries limit and encourage agricultural private enterprise in many similar, but some different ways. This paper focuses on the legal systems that regulate millions of people's commune and collective farm (kolkhoz) members and examines the ways in which the legal regimes of both countries limit and encourage private enterprise. I shall attempt to explain why similarities and differences in legal regulation exist, and speculate on whether, in the future, such regulation is likely to become more similar.

Affiliations:
1: District of Columbia Bar, Washington, DC

10.1163/157303580X00288

/content/journals/10.1163/157303580x00288

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Legal Regulation of Agricultural Private Enterprise in the People's Republic of China and the Soviet Union